S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6535

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 26, 2015
                               ___________

Introduced  by M. of A. PERRY -- read once and referred to the Committee
  on Transportation

AN ACT to amend the vehicle and traffic law, in relation  to  surcharges
  for moving violations in school traffic safety and speed zones

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act shall be known and may  be  cited  as  "Clarente's
Law".
  S  2. Subdivision 1 of section 1809 of the vehicle and traffic law, as
amended by section 2 of part DD of chapter 56 of the laws of  2008,  the
opening  paragraph  and  paragraph (c) as separately amended by chapters
43, 99, 101 and 123 of the laws of 2014, is amended to read as follows:
  1. Whenever proceedings in an administrative tribunal or  a  court  of
this state result in a conviction for an offense under this chapter or a
traffic  infraction  under this chapter, or a local law, ordinance, rule
or regulation adopted pursuant to this chapter,  other  than  a  traffic
infraction  involving  standing,  stopping,  or parking or violations by
pedestrians or bicyclists, or other than an adjudication of liability of
an owner for a violation of subdivision (d) of  section  eleven  hundred
eleven  of  this  chapter  in  accordance  with  section  eleven hundred
eleven-a of this chapter, or other than an adjudication of liability  of
an  owner  for  a violation of subdivision (d) of section eleven hundred
eleven of  this  chapter  in  accordance  with  section  eleven  hundred
eleven-b  of  this  chapter, or other than an adjudication in accordance
with section eleven hundred eleven-c of this chapter for a violation  of
a  bus  lane  restriction  as  defined in such section, or other than an
adjudication of liability of an owner for a violation of subdivision (d)
of section eleven hundred eleven of  this  chapter  in  accordance  with
section  eleven hundred eleven-d of this chapter, or other than an adju-
dication of liability of an owner for a violation  of  subdivision  (b),
(c), (d), (f) or (g) of section eleven hundred eighty of this chapter in

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05847-01-5
              

A. 6535                             2

accordance  with  section  eleven  hundred  eighty-b of this chapter, or
other than an adjudication of liability of an owner for a  violation  of
subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of  this  chapter  in accordance with section eleven hundred eighty-c of
this chapter, there shall be levied a crime victim assistance fee and  a
mandatory  surcharge,  in addition to any sentence required or permitted
by law, in accordance with the following schedule:
  (a) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result in a conviction for a traffic infraction pursuant to
article nine of this chapter, there  shall  be  levied  a  crime  victim
assistance  fee in the amount of five dollars and a mandatory surcharge,
in addition to any sentence required or permitted by law, in the  amount
of twenty-five dollars.
  (b)  Whenever  proceedings in an administrative tribunal or a court of
this state result in a conviction for a misdemeanor or  felony  pursuant
to  section  eleven  hundred  ninety-two of this chapter, there shall be
levied, in addition to any sentence required  or  permitted  by  law,  a
crime  victim  assistance fee in the amount of twenty-five dollars and a
mandatory surcharge in accordance with the following schedule:
  (i) a person convicted of a felony shall pay a mandatory surcharge  of
three hundred dollars;
  (ii)  a  person  convicted  of  a  misdemeanor  shall  pay a mandatory
surcharge of one hundred seventy-five dollars.
  (c) Whenever proceedings in an administrative tribunal or a  court  of
this  state  result  in  a  conviction for an offense under this chapter
other than a crime pursuant to section eleven hundred ninety-two of this
chapter, or a traffic infraction under this chapter,  or  a  local  law,
ordinance,  rule  or  regulation adopted pursuant to this chapter, other
than a traffic infraction involving standing, stopping,  or  parking  or
violations  by  pedestrians or bicyclists, or other than an adjudication
of liability of an owner for a violation of subdivision (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-a of this chapter,  or  other  than  an  adjudication  of
liability  of  an  owner  for  a violation of subdivision (d) of section
eleven hundred eleven of this chapter in accordance with section  eleven
hundred  eleven-b  of  this  chapter,  or  other than an adjudication of
liability of an owner for a violation  of  subdivision  (d)  of  section
eleven  hundred eleven of this chapter in accordance with section eleven
hundred eleven-d of this chapter, or other than an  infraction  pursuant
to article nine of this chapter or other than an adjudication of liabil-
ity  of an owner for a violation of toll collection regulations pursuant
to section two thousand nine hundred eighty-five of the public  authori-
ties law or sections sixteen-a, sixteen-b and sixteen-c of chapter seven
hundred seventy-four of the laws of nineteen hundred fifty or other than
an  adjudication  in  accordance with section eleven hundred eleven-c of
this chapter for a violation of a bus lane  restriction  as  defined  in
such section, or other than an adjudication of liability of an owner for
a  violation  of subdivision (b), (c), (d), (f) or (g) of section eleven
hundred eighty of this chapter in accordance with section eleven hundred
eighty-b of this chapter, or other than an adjudication of liability  of
an  owner  for  a  violation of subdivision (b), (c), (d), (f) or (g) of
section eleven hundred eighty of this chapter in accordance with section
eleven hundred eighty-c of this chapter, OR OTHER THAN A CONVICTION  FOR
WHICH  A  MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED
PURSUANT TO PARAGRAPH (D) OF THIS SUBDIVISION, there shall be  levied  a
crime victim assistance fee in the amount of five dollars and a mandato-

A. 6535                             3

ry  surcharge, in addition to any sentence required or permitted by law,
in the amount of fifty-five dollars.
  (D)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT  IN  A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER)  OR
FOR  A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL  TRAFFIC  SAFETY
AND  SPEED  ZONE  WHEN  A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
FEE IN THE AMOUNT OF FIVE DOLLARS  AND  A  MANDATORY  SURCHARGE  IN  THE
AMOUNT  OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
PERMITTED BY LAW.
  (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
(E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S 3. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
separately  amended  by  section  3-a  of chapter 43 and section 10-a of
chapters 99, 101 and 123 of the laws of 2014,  is  amended  to  read  as
follows:
  1.  (A)  Whenever proceedings in an administrative tribunal or a court
of this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter, or a local law,  ordinance,  rule
or  regulation  adopted  pursuant  to this chapter, other than a traffic
infraction involving standing, stopping, parking or motor vehicle equip-
ment or violations by pedestrians or bicyclists, or other than an  adju-
dication  of liability of an owner for a violation of subdivision (d) of
section eleven hundred eleven of this chapter in accordance with section
eleven hundred eleven-a of this chapter, OR OTHER THAN AN CONVICTION FOR
WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FREE ARE  LEVIED
PURSUANT  TO  PARAGRAPH (B) OF THIS SUBDIVISION or other than an adjudi-
cation of liability of an owner for a violation of  subdivision  (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred  eleven-b of this chapter, or other than an adjudication
in accordance with section eleven hundred eleven-c of this chapter for a
violation of a bus lane restriction as defined in such section, or other
than an adjudication of liability of an owner for a violation of  subdi-
vision  (d)  of section eleven hundred eleven of this chapter in accord-

A. 6535                             4

ance with section eleven hundred eleven-d of this chapter, or other than
an adjudication of liability of an owner for a violation of  subdivision
(b), (c), (d), (f) or (g) of section eleven hundred eighty of this chap-
ter  in accordance with section eleven hundred eighty-b of this chapter,
or other than an adjudication of liability of an owner for  a  violation
of  subdivision  (b),  (c),  (d),  (f)  or (g) of section eleven hundred
eighty of this chapter in accordance with section eleven hundred  eight-
y-c  of  this  chapter,  there shall be levied a mandatory surcharge, in
addition to any sentence required or permitted by law, in the amount  of
twenty-five dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT  IN  A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER)  OR
FOR  A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL  TRAFFIC  SAFETY
AND  SPEED  ZONE  WHEN  A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
FEE IN THE AMOUNT OF FIVE DOLLARS  AND  A  MANDATORY  SURCHARGE  IN  THE
AMOUNT  OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
PERMITTED BY LAW.
  (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
(E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S 4. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
separately  amended  by  section  3-b  of chapter 43 and section 10-b of
chapters 99, 101 and 123 of the laws of 2014,  is  amended  to  read  as
follows:
  1.  (A)  Whenever proceedings in an administrative tribunal or a court
of this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION  FOR
WHICH  A  MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an  adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d),  (f)  or  (g)  of  section eleven hundred eighty of this chapter in
accordance with section eleven hundred  eighty-b  of  this  chapter,  or

A. 6535                             5

other  than  an adjudication of liability of an owner for a violation of
subdivision (b), (c), (d), (f) or (g) of section eleven  hundred  eighty
of  this  chapter  in accordance with section eleven hundred eighty-c of
this chapter, or other than an adjudication of liability of an owner for
a  violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-d of this chap-
ter, there shall be levied a mandatory surcharge,  in  addition  to  any
sentence  required  or  permitted  by  law,  in  the amount of seventeen
dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM  ASSISTANCE
FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
PERMITTED BY LAW.
  (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF
THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
(E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S  5. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by section 3-c of chapters 43  and  section  10-c  of
chapters  99,  101  and  123  of the laws of 2014, is amended to read as
follows:
  1. (A) Whenever proceedings in an administrative tribunal or  a  court
of this state result in a conviction for a crime under this chapter or a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE  ARE  LEVIED
PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
accordance  with  section  eleven  hundred  eighty-b of this chapter, or
other than an adjudication of liability of an owner for a  violation  of

A. 6535                             6

subdivision  (b),  (c), (d), (f) or (g) of section eleven hundred eighty
of this chapter in accordance with section eleven  hundred  eighty-c  of
this chapter, or other than an adjudication of liability of an owner for
a  violation of subdivision (d) of section eleven hundred eleven of this
chapter in accordance with section eleven hundred eleven-d of this chap-
ter, there shall be levied a mandatory surcharge,  in  addition  to  any
sentence  required  or  permitted  by  law,  in  the amount of seventeen
dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM  ASSISTANCE
FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
PERMITTED BY LAW.
  (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF
THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
(E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S  6. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by section 3-d of chapter  43  and  section  10-d  of
chapters  99,  101  and  123  of the laws of 2014, is amended to read as
follows:
  1. (A) Whenever proceedings in an administrative tribunal or  a  court
of this state result in a conviction for a crime under this chapter or a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE  ARE  LEVIED
PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi-
cation of liability of an owner for a violation of subdivision (b), (c),
(d), (f) or (g) of section eleven hundred  eighty  of  this  chapter  in
accordance  with  section  eleven  hundred  eighty-c of this chapter, or
other than an adjudication of liability of an owner for a  violation  of
subdivision  (d)  of  section  eleven  hundred eleven of this chapter in

A. 6535                             7

accordance with section eleven hundred eleven-d of this  chapter,  there
shall  be  levied  a  mandatory  surcharge,  in addition to any sentence
required or permitted by law, in the amount of seventeen dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT  IN  A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER)  OR
FOR  A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL  TRAFFIC  SAFETY
AND  SPEED  ZONE  WHEN  A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
FEE IN THE AMOUNT OF FIVE DOLLARS  AND  A  MANDATORY  SURCHARGE  IN  THE
AMOUNT  OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED OR
PERMITTED BY LAW.
  (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A)  TRAFFIC
INFRACTIONS  INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS BY
PEDESTRIANS OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN  OWNER
FOR  A  VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED ELEVEN OF
THIS CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF  THIS
CHAPTER;  (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER; OR
(E) AN ADJUDICATION OF LIABILITY OF AN OWNER FOR  A  VIOLATION  OF  TOLL
COLLECTION  REGULATIONS  PURSUANT  TO  SECTION TWO THOUSAND NINE HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B  AND  SIXTEEN-C  OF  CHAPTER SEVEN HUNDRED SEVENTY-FOUR OF THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III) FOR THE PURPOSES OF THIS PARAGRAPH,  THE  TERM  "SCHOOL  TRAFFIC
SAFETY  AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE THOUSAND
THREE HUNDRED TWENTY FEET  ON  A  HIGHWAY  PASSING  A  SCHOOL  BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED  TWENTY,  SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN HUNDRED THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S 7. Subdivision 1 of section 1809 of the vehicle and traffic law,  as
separately  amended  by  section 10-d of chapters 99, 101 and 123 of the
laws of 2014, is amended to read as follow:
  1. (A) Whenever proceedings in an administrative tribunal or  a  court
of this state result in a conviction for a crime under this chapter or a
traffic  infraction  under  this chapter other than a traffic infraction
involving standing, stopping, parking  or  motor  vehicle  equipment  or
violations  by pedestrians or bicyclists, OR OTHER THAN A CONVICTION FOR
WHICH A MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE  ARE  LEVIED
PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION, or other than an adjudi-
cation of liability of an owner for a violation of  subdivision  (d)  of
section eleven hundred eleven of this chapter in accordance with section
eleven  hundred eleven-d of this chapter, there shall be levied a manda-
tory surcharge, in addition to any sentence  required  or  permitted  by
law, in the amount of seventeen dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT  IN  A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER THAN A
CRIME PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER)  OR
FOR  A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW, ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND

A. 6535                             8

  (B) SUCH OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL  TRAFFIC  SAFETY
AND  SPEED  ZONE  WHEN  A SCHOOL SPEED LIMIT IS IN EFFECT AS PROVIDED IN
PARAGRAPHS ONE AND TWO OF SUBDIVISION  (C)  OF  SECTION  ELEVEN  HUNDRED
EIGHTY  OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM ASSISTANCE
FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
PERMITTED BY LAW.
  (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF
THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS
CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
(E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S  8. Subdivision 1 of section 1809 of the vehicle and traffic law, as
separately amended by chapter 16 of the laws of 1983 and chapter  62  of
the laws of 1989, is amended to read as follows:
  1.  (A)  Whenever proceedings in an administrative tribunal or a court
of this state result in a conviction for a crime under this chapter or a
traffic infraction under this chapter other than  a  traffic  infraction
involving  standing,  stopping,  parking  or  motor vehicle equipment or
violations by pedestrians or bicyclists, OR OTHER THAN A CONVICTION  FOR
WHICH  A  MANDATORY SURCHARGE AND CRIME VICTIM ASSISTANCE FEE ARE LEVIED
PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION there shall  be  levied  a
mandatory  surcharge,  in addition to any sentence required or permitted
by law, in the amount of seventeen dollars.
  (B)(I) WHENEVER:
  (A) PROCEEDINGS IN AN ADMINISTRATIVE TRIBUNAL OR A COURT OF THIS STATE
RESULT IN A CONVICTION FOR AN OFFENSE UNDER THIS CHAPTER (OTHER  THAN  A
CRIME  PURSUANT TO SECTION ELEVEN HUNDRED NINETY-TWO OF THIS CHAPTER) OR
FOR A TRAFFIC INFRACTION UNDER THIS CHAPTER OR UNDER A LOCAL LAW,  ORDI-
NANCE, RULE OR REGULATION ADOPTED PURSUANT TO THIS CHAPTER; AND
  (B)  SUCH  OFFENSE OR INFRACTION OCCURS WITHIN A SCHOOL TRAFFIC SAFETY
AND SPEED ZONE WHEN A SCHOOL SPEED LIMIT IS IN  EFFECT  AS  PROVIDED  IN
PARAGRAPHS  ONE  AND  TWO  OF  SUBDIVISION (C) OF SECTION ELEVEN HUNDRED
EIGHTY OF THIS CHAPTER, THERE SHALL BE LEVIED A CRIME VICTIM  ASSISTANCE
FEE  IN  THE  AMOUNT  OF  FIVE  DOLLARS AND A MANDATORY SURCHARGE IN THE
AMOUNT OF SEVENTY-FIVE DOLLARS, IN ADDITION TO ANY SENTENCE REQUIRED  OR
PERMITTED BY LAW.
  (II)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO: (A) TRAFFIC
INFRACTIONS INVOLVING STANDING, STOPPING, OR PARKING; (B) VIOLATIONS  BY
PEDESTRIANS  OR BICYCLISTS; (C) AN ADJUDICATION OF LIABILITY OF AN OWNER
FOR A VIOLATION OF SUBDIVISION (D) OF SECTION ELEVEN HUNDRED  ELEVEN  OF
THIS  CHAPTER IN ACCORDANCE WITH SECTION ELEVEN HUNDRED ELEVEN-A OF THIS

A. 6535                             9

CHAPTER; (D) AN INFRACTION PURSUANT TO ARTICLE NINE OF THIS CHAPTER;  OR
(E)  AN  ADJUDICATION  OF  LIABILITY OF AN OWNER FOR A VIOLATION OF TOLL
COLLECTION REGULATIONS PURSUANT TO SECTION  TWO  THOUSAND  NINE  HUNDRED
EIGHTY-FIVE  OF  THE  PUBLIC  AUTHORITIES  LAW  OR  SECTIONS  SIXTEEN-A,
SIXTEEN-B AND SIXTEEN-C OF CHAPTER SEVEN  HUNDRED  SEVENTY-FOUR  OF  THE
LAWS OF NINETEEN HUNDRED FIFTY.
  (III)  FOR  THE  PURPOSES  OF THIS PARAGRAPH, THE TERM "SCHOOL TRAFFIC
SAFETY AND SPEED ZONE" SHALL MEAN A DISTANCE NOT TO EXCEED ONE  THOUSAND
THREE  HUNDRED  TWENTY  FEET  ON  A  HIGHWAY  PASSING A SCHOOL BUILDING,
ENTRANCE OR EXIT OF A SCHOOL ABUTTING ON THE HIGHWAY FOR WHICH A MAXIMUM
SCHOOL SPEED LIMIT HAS BEEN ESTABLISHED AS AUTHORIZED IN SECTION SIXTEEN
HUNDRED TWENTY, SIXTEEN  HUNDRED  TWENTY-TWO,  SIXTEEN  HUNDRED  THIRTY,
SIXTEEN HUNDRED FORTY-THREE OR SIXTEEN HUNDRED SIXTY-TWO-A OF THIS CHAP-
TER.
  S 9. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law and shall apply to
violations occurring on and after such effective date; provided that:
  a. the amendments to subdivision 1 of section 1809 of the vehicle  and
traffic  law  made  by  section  two of this act shall be subject to the
expiration of such subdivision when upon such  date  the  provisions  of
section three of this act shall take effect;
  b.  the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section three of this act shall be  subject  to  the
expiration  of  such  subdivision  when upon such date the provisions of
section four of this act shall take effect;
  c. the amendments to subdivision 1 of section 1809 of the vehicle  and
traffic  law  made  by  section four of this act shall be subject to the
expiration of such subdivision when upon such  date  the  provisions  of
section five of this act shall take effect;
  d.  the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section five of this act shall  be  subject  to  the
expiration  of  such  subdivision  when upon such date the provisions of
section six of this act shall take effect;
  e. the amendments to subdivision 1 of section 1809 of the vehicle  and
traffic  law  made  by  section  six of this act shall be subject to the
expiration of such subdivision when upon such  date  the  provisions  of
section seven of this act shall take effect; and
  f.  the amendments to subdivision 1 of section 1809 of the vehicle and
traffic law made by section seven of this act shall be  subject  to  the
expiration  of  such  subdivision  when upon such date the provisions of
section eight of this act shall take effect.